Karnataka High Court
United India Insurance Co., Ltd vs Nagaraj S/O Kotrappa on 18 February, 2022
Bench: S.Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No .20460/2013
C/W M.F.A.No.20459/2013 &
M.F.A.No.20461/2013 (WC)
IN M.F.A. No.20460/2013
BET WEEN
UNITED INDIA INS URANCE COMPANY LIMITED,
THE B RANCH MANAGER,
BELLARY, REPRES ENT ED HEREIN BY
UNITED INDIA INS URANCE COMPANY LIMITED,
DIV IS IONAL OFFICE, YALAMANCHALI COMPLEX ,
1ST FLOOR, U MAMAHESHWARA RAO B U ILDING,
ST AT ION ROAD, HOSPET, REP RESENTED B Y
ITS DIV IS IONAL MANAGER. .. APPELLANT
(COMMON IN ALL APPEALS)
(BY SRI.R.R.MANE, ADVOCATE)
AND
1 . NAGARAJ S/O KOTRAPPA,
AGE: 28 YEARS, OCC: COOLIE,
R/O: JANT AKAL, TQ: GANGAVATH I,
DIST: KOPPAL.
2 . S.PAMPANNA S/O S.ERAPPA,
AGE: MAJOR, OCC: OWNER OF TRACTOR
AND T RAILER BEARING Nos.KA-35/T- 1582 AND
T-15 83, R/O: SHIVAPURA,
TQ: KU DLIGI, DIS T: B ELLARY.
...RESPONDENTS
(R1 NOTICE SERV ED)
2
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 30( 1)(a )(aa) OF WC ACT 1923, AGAINS T THE
JUDGMENT AND AWARD DTD: 29.11.2012 PASSED IN WCA
No.11/2010 ON T HE FILE OF THE LAB OU R OFFICER AND
COMMISSION ER FOR WORKMENS COMPENSAT ION, K OPPAL
DISTR ICT KOP PA L, AWARDIN G T HE COMPENSAT ION OF
`93,705/- WITH INTEREST AT THE RATE OF 12% P.A. FROM
THE DATE OF PET IT ION AND SHA LL B E DEPOS IT ED WITHIN
ONE MONTH FROM T HE DATE OF THE ORDER.
IN M.F.A.No.20459/2013
AND
1 . KUMARANAIK S/O LINGANAIK,
AGE: 31 YEARS, COOL IE,
R/O: JANT AKAL, TQ: GANGAVATH I,
DIST: KOPPAL.
2 . S.PAMPANNA S/O S.ERAPPA,
AGE: MAJOR, OCC: OWNER OF TRACTOR
AND T RAILER B EARING Nos. KA- 35/ T-1582
AND T -1583, R/O: SHIVAPU RA,
TQ: KU DLIGI, DIS T: B ELLARY.
...RESPONDENTS
(R1 INSUFFICIENT ADDRESS)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 30( 1)(a )(aa) OF WC ACT 1923, AGAINS T THE
JUDGMENT AND AWARD DTD: 29.11.2012 PASSED IN WCA
No.10/2010 ON T HE FILE OF THE LAB OU R OFFICER AND
COMMISSION ER FOR WORKMENS COMPENSAT ION, K OPPAL
DISTR ICT KOP PA L, AWARDIN G T HE COMPENSAT ION OF
`91,493/- WITH INTEREST AT THE RATE OF 12% P.A. FROM
THE DATE OF PET IT ION AND SHA LL B E DEPOS IT ED WITHIN
ONE MONTH FROM T HE DATE OF THE ORDER.
IN M.F.A.No.20461/2013
AND
1 . B ASAVARAJ S/O BASAPPA
AGE: 24 YEARS, OCC: COOLIE,
R/O.JANTAKAL, TQ: GANGAVATHI,
DIST: KOPPAL.
3
2 . S.PAMPANNA S/O S.ERAPPA,
AGE: MAJOR, OCC: OWNER OF TRACTOR
AND T RAILER B EARING Nos. KA- 35/ T-1582
AND T -1583, R/O: SHIVAPU RA,
TQ: KU DLIGI, DIS T: B ELLARY.
...RESPONDENTS
(R1 APP EAL STANDS DISMISSED; R 2 DECEASED)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 30( 1)(a )(aa) OF WC ACT 1923, AGAINS T THE
JUDGMENT AND AWARD DTD: 29.11.2012 PASSED IN WCA
No.12/2010 ON T HE FILE OF THE LAB OU R OFFICER AND
COMMISSION ER FOR WORKMENS COMPENSAT ION, K OPPAL
DISTR ICT KOP PA L, AWARDIN G T HE COMPENSAT ION OF
`1,20,263/- WIT H INTER EST AT T HE RATE OF 12% P.A.
FROM T HE DATE OF PETIT ION AND SHALL B E DEPOSIT ED
WITH IN ONE MON TH FROM THE DATE OF THE ORDER.
THESE APPEA LS COMING ON F OR ORDERS, THIS DAY
THE COU RT DELIVERED THE FOLL OWING:
JUDGMENT
These three appeals are filed by the insurer of the
Tractor-Trailor bearing registration No.KA-35/T-1582
and T-1583, which was alleg edly involved in the
accid ent that had taken place on 10.02.2007, in which
the claimants were all injured, challenging the
judgment and award dated 29.11.2012 passed by the
Court of Labour Officer and Commissioner for
Workmen's Compensation, Kopp al, in
W.C.A.Nos.10/2010, 11/2010 and 12/2012.
2. Learned counsel for the appellant submits
that the 1st respondent before the Tribunal
Sri.S.Pampanna S/o S.Erappa, who was the
registered owner of the offending Tractor-Trailor
bearing reg istration No.KA-35/T-1582 and T-1583 , had
died on 04.10.2007, which is even prior to the date
of petition and in spite of the same, the claim
petitions were filed as against a dead person. He
submits that the legal representatives of deceased 1 s t
respondent were not brought on record and the
impugned judgment and award is passed against a
dead person. He submits that the judgment and
award passed by the Tribunal is, therefore, a nullity
in the eye of law and needs to be set aside. He has
relied upon the judgment of this Court in
M.F.A.No.22766/2011 passed by the Co-ordinate
Bench of this Court dated 23.11.2012 and he submits
that the impugned judgment and award may be set
aside and the matter may be remitted back to the
Tribunal/jurisdictional Court to decide the matter
afresh after bringing the legal representatives of
deceased respondent No.1 S.Pampanna on record.
3. Learned counsel for the appellant has
produced the Death Certificate of deceased
respondent No.1 S.Pampanna S/o S.Erappa and a
perusal of the same would go to show that the first
respondent S.Pampanna had died on 04.10.2007,
which is much prior to the date of petition and in
spite of the same, the claim petition is filed as
against the dead person.
4. Under the circumstances, the impugned
judgment and award is unsustainable in law, as the
same is a nullity in the eye of law. Accordingly, the
impugned judgment and award dated 29.11.2012
passed by the Court of Labour Officer and
Commissioner for Workmen's Compensation, Kop pal is
set-aside and the matter is remitted b ack to the
comp etent Court with a d irection to dispose of the
claim p etitions afresh after bringing the leg al
representatives of the deceased respond ent No.1
S.Pamp anna on record and thereafterwards d ecide the
claim p etitions expeditiously.
5. The amount in deposit may be refunded to
the appellant-insurer.
Sd/-
JUDGE
KNM/-
